South of Joburg lies an area known as Evaton, which you race past on your way to Vereeniging or Bloemfontein. On the surface, there is nothing particularly noteworthy about the area. The roads are pot-holed and neglected, electricity power lines criss-cross the streets and the houses range from fancy to mud brick, much as you would find in neighbouring Orange Farm. But Evaton has a storied history, and an interesting legal claim for land restitution that could run into billions of rands.
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The government seems to have an abiding disinterest in real land reform, other than as a race-baiting tactic. The evidence of this is the fact that somewhere around a quarter of all land in the country belongs to municipal governments. If it was serious about land reform, why not start here and distribute some of this idle land to the poor, writes Martin van Staden.
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The Expropriation Bill, which has been passed by both houses of parliament, grants the government extraordinary powers to expropriate not just property, but any assets, and pay little or no compensation. The wording of the bill uses legal sleight of hand to side-step Constitutional property rights. It pretends to be the "custodian" for the nation, rather than the owners, of the seized assets. And though the Bill is supposed to assist black South Africans, it will likely have the opposite effect, says the Free Market Foundation.
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Carte Blanche recently exposed the routine violations of human rights by the banks, which have repossessed more than 100,000 homes in South Africa since 1994. These homes are then sold at a fraction of their worth at sheriffs' auctions. As the programme points out, the Constitutional Court has already ruled on this, requiring the banks to use auctions as a "last resort" and to find creative alternatives to the sale in execution.
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All 277 sheriffs around South Africa were put on notice this week that they will be held jointly and severally liable with the banks for unlawful evictions. This follows the sale in execution and eviction of two property owners in Kwazulu-Natal, despite the fact both had cases for rescission of judgment filed with the High Court. Adv Douglas Shaw, who is representing the evicted property owners, warned all sheriffs' offices around the country that evictions and auctioning of properties are unlawful where the property owner has applied to the court for an appeal or rescission of judgment.
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Johann Rupert is accused of being racist, monopolist and a thief by some interesting people. This comes at a time when the ruling party is trying to change the subject from Nkandla, the Guptas and Zuma. Predictable stuff, but Leon Louw sets the record straight.
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The Constitutional Court has ruled against internet entrepreneur Mark Shuttleworth in his challenge to overturn the R250 million levy deducted by the Reserve Bank when he exported his earnings more than a decade ago, according to
Times Live.
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Any South African who owns a car, a house or a unit trust is at risk of having these assets expropriated without compensation should the Investment Bill make its way into law.
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